Insights Archives - Page 9 of 13 - Polikarpov Law Firm

Question 1

Copyright on the Internet: does it apply to posts on social media (Facebook, Instagram, TikTok)?

Accepted Answer

Yes, copyright applies to posts on social media platforms such as Facebook, Instagram and TikTok. Although by posting content on these platforms you agree to their terms of use, it does not mean that you give up your copyright. Your texts, photos, videos and other creative materials published on social media remain copyrighted and protected by law.

What does this mean in practice?

You own the exclusive rights to your content: You have the right to control how your content is used, distributed and modified. Other users cannot copy, distribute or use your posts for commercial purposes without your permission.
Social networks do not become the owners of your content: The platforms only receive a licence to use your content so that it can be seen by other users in accordance with your privacy settings. They cannot sell your content or use it in ways that violate your copyright.
The terms of use of the platforms do not cancel copyright: By agreeing to the terms of use of social media, you give them the right to show your content to other users, but it does not give them the right to own it. Your copyright remains valid.
You can protect your rights:If someone uses your social media content illegally, you can take action to protect your rights. This may include:
- Contacting the social network administration: Most platforms have mechanisms for filing complaints about copyright infringement.
- Direct contact with the infringer: You can try to contact the infringer and ask them to remove your content.
- Pre-trial settlement: Send a formal complaint to the infringer demanding that the infringement be ceased and compensation be paid.
- Going to court: As a last resort, you can file a lawsuit to protect your copyright.

Important to remember: Even if your profile on a social network is open to everyone, this does not mean that your content can be freely used without your permission. Copyright protects your work regardless of your privacy settings. Any commercial use, copying for profit, or substantial modification of your content without your consent is a violation of copyright. Do not hesitate to protect your rights if you encounter such situations. A consultation with a lawyer specialising in copyright can be helpful in understanding your rights and possible options.

Question 2

How to prove authorship of a photo on the Internet if it was stolen and used without permission?

Accepted Answer

Proving authorship of an online photo that has been stolen and used without permission can be difficult, but not impossible. The key to success is to take care of the evidence that will prove your authorship in advance. If the photo has already been stolen, there are still ways to prove your rights.

Ways to prove authorship:

Evidence created before the photo was published:

RAW files: Keep the original RAW files of your photos. They contain metadata (date created, camera model, shooting settings) that can be used as evidence.
Editing history files: If you have edited a photo, keep editing history files (e.g. PSD files for Photoshop). They show how you worked on the photo.
Takescreenshots of yourcamera: Take screenshots of your camera screen immediately after taking a photo, showing the photo on the display and the date/time you took it.
Copyright registration: Although copyright registration is not mandatory in Ukraine, it provides additional legal benefits and can be a strong piece of evidence in court. Contact UKRIPO for registration.
Notarisation: You can have a notary certify that the photo was taken on a certain date. This can be useful evidence, although it is not required.
Publishing on your own resources with a date stamp: Publish a photo on your own website or blog with a clear date of publication. Take screenshots of the page with the date. Use services that allow you to record the date of publication of content on the Internet.
Witness statements: If someone was present when the photo was taken, their testimony can be helpful.

Evidence that can be collected after a photo is stolen:

Preserving evidence of photo use: Take screenshots of the page where your photo is used, save the URL and date of access.
Search by metadata: If the photo has not been cropped or metadata removed, try to find the original photo using an image search (for example, Google Images) and check the metadata of the copies you find.
Contacting an expert: In complicated cases, you may need to contact a photography expert who can analyse the photo and provide an opinion on its authorship.
Whois information: Find out the information about the owner of the website where your photo is used (through whois services). This may help in identifying the infringer.

Important: The more evidence you can gather, the better your chances of successfully proving authorship and enforcing your rights. Keep all possible evidence to prove your authorship of the photos and contact a copyright lawyer for professional help.

Question 3

What are some free services for checking text for plagiarism online?

Accepted Answer

There are many free online services for checking text for plagiarism. It is important to understand that free services often have limitations in terms of functionality and scope of checking compared to their paid counterparts. Nevertheless, they can be useful for a quick, basic check of a text for obvious plagiarism.

Here are some popular free text plagiarism checkers:

DupliChecker: Allows you to check text for uniqueness by comparing it with online sources. It has a limit on the number of words that can be checked at a time.
PlagiarismDetector.net: Another service for checking the uniqueness of a text. It offers a free check with a word limit. May require registration.
Search Engine Reports: Provides an opportunity to check text for plagiarism by comparing it with the content of web pages. The free version has limitations.
SmallSEOTools Plagiarism Checker: An easy-to-use service for checking the uniqueness of text. Also has a word limit for free checking.
PaperRater: More focused on grammar and style checking, but also has a plagiarism checker. The free version has limited functionality.

Limitations of free services:

Text length limitations: Free versions usually only allow you to check small texts (up to 1000 words). To check larger texts, you need to pay for a subscription.
Limited accuracy: Free services may not detect all cases of plagiarism, especially hidden or paraphrasing.
Adverts: Free services often contain adverts that can be distracting.
Possibility of data collection: Some free services may collect and use your data.

We recommend using free services:

Use multiple services: For a more accurate check, it is recommended to use several different services.
Do not rely entirely on the results: Free services do not guarantee 100% accuracy. Always check the results manually.
Pay attention to limitations: Carefully read the terms of use and limitations of each service.
Consider using paid services: For professional plagiarism checking, it is recommended to use paid services that offer more accurate results and advanced functionality.

Conclusion: Free plagiarism checkers can be useful for a quick preliminary check, but you should not rely on them completely. For guaranteed accuracy and completeness, you should consider using paid services or contacting professionals.

Question 4

What to do if you find your text on someone else's website without a link to the source: step-by-step instructions

Accepted Answer

Finding your own text on someone else’s website without a link to the source is an unpleasant situation that is a direct violation of copyright. It is important to act decisively and consistently to protect your rights and get the stolen content removed. Here is a step-by-step guide to help you in this situation:

Step 1: Gather evidence.

Screenshots: Take screenshots of the page of the infringing website where your text is posted. The screenshots should clearly show the page URL, date and time of access.
Save a copy of the page: Save the web page to your computer in HTML format. This will preserve a copy of the page even if it is later deleted.
Text comparison: Compare your original text with the text on the infringing website, highlighting any matches. You can use online services to compare texts.
Date of publication: Set the date of publication of your original text and the date of publication on the infringing website. This will help prove that your text was published earlier.

Step 2: Identify the website owner.

Whois service: Use the Whois service to find information about the owner of the domain (website). It usually contains contact details: email, phone number, address.

Step 3: Contact the website owner.

Write an email to: Write a letter clearly stating the fact of copyright infringement, providing evidence (screenshots, links to your original text) and demanding that the stolen content be removed. Specify the timeframe within which you expect a response and action. Be polite but persistent.
Send an email to: Send an email to the email address provided in the Whois information. If possible, duplicate the email to other contact addresses found on the website. Keep a copy of the letter.

Step 4: If the website owner does not respond.

Contact the hosting provider: Find the website’s hosting provider (you can use services like hostingchecker.com). Write a complaint to the hosting provider, providing evidence of copyright infringement. Hosting providers are usually required to respond to such complaints.
File a DMCA complaint: If the site is subject to the DMCA (Digital Millennium Copyright Act), file a copyright infringement complaint.
Contact a lawyer: If the previous steps do not work, contact a lawyer specialising in copyright. A lawyer can help you prepare and file a claim or lawsuit.

Important: Keep all documents and correspondence related to the case. Clearly record the dates and times of all actions. You may need this as evidence in case of further proceedings. Remember that copyright protection is your legal duty and right. Do not be afraid to defend your interests.

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